M.J. v. La Maestra Family Clinic Inc.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23-cv-395-W-BLM 11 M.J., 12 Plaintiff, ORDER SETTING MANDATORY SETTLEMENT CONFERENCE v. UNITED STATES OF AMERICA, et al., 15 Defendants.

17 On March 25, 2024, the Court conducted a Mandatory Settlement Conference in which the case did not settle; however, the Court and parties agreed that another Mandatory Settlement Conference would be beneficial. See ECF No. 35. Accordingly, it is ORDERED that the parties appear for a Mandatory Settlement Conference (“MSC”) to be held via videoconference on September 3, 2024 at 1:30 p.m. before the Honorable Barbara L. Major, United States Magistrate Judge. All discussions at the Mandatory Settlement Conference will be informal, off the record, privileged, and confidential. Counsel for any non-English speaking party is responsible for arranging for the appearance of an interpreter at the conference.

25 a. Personal Appearance of Parties Required: All parties, adjusters for insured defendants, and other representatives of a party having full and complete authority to enter into a binding settlement, as well as the principal attorneys responsible for the litigation, of the case. Counsel appearing without their clients (whether or not counsel has been given settlement authority) will be cause for immediate imposition of sanctions and may also result in the immediate termination of the conference.

4 Unless there is good cause, persons required to attend the conference pursuant to this Order shall not be excused from personal attendance. Requests for excuse from attendance for good cause shall be made in writing at least three (3) court days prior to the conference. Failure to appear in person at the Mandatory Settlement Conference will be grounds for sanctions.

8 b. The Court will use its official Zoom video conferencing account to hold the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a download on the Zoom website (https://zoom.us/meetings) or on mobile devices through the installation of a free app.1 Joining a Zoom conference does not require creating a Zoom account, but it does require downloading the .exe file (if using a computer) or the app (if using a mobile device). Participants are encouraged to create an account, install Zoom, and familiarize themselves with Zoom in advance of the MSC.2 There is a cost-free option for creating a Zoom account.

16 c. Prior to the start of the MSC, the Court will e-mail each MSC participant an invitation to join a Zoom video conference. Again, if possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices often offer inferior performance. Participants shall join the video conference by following the ZoomGov Meeting hyperlink in the invitation. Participants who do not have Zoom already installed on their device will be prompted to download and install Zoom before proceeding when they click on the ZoomGov Meeting hyperlink. Zoom may then prompt participants to enter the 1 Participants should use a device with a camera to fully participate in the video conference. If possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices may offer inferior performance.

2 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- password included in the invitation. All participants will be placed in a waiting room until the MSC begins.

3 d. Each participant should plan to join the Zoom video conference at least five minutes before the start of the MSC to ensure that the MSC begins promptly at 1:30 p.m. The Zoom e-mail invitation may indicate an earlier start time, but the MSC will begin at the Court-scheduled time.

7 e. Zoom’s functionalities will allow the Court to conduct the MSC as it ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with all participants joined together in a main session. After an initial discussion in the main session, the Court will divide participants into separate, confidential sessions, which Zoom calls Breakout Rooms.3 In a Breakout Room, the Court will be able to communicate with participants from a single party in confidence. Breakout Rooms will also allow parties and counsel to communicate confidentially without the Court.

14 f. No later than August 27, 2024, counsel for each party must send an e- mail to the Court at [email protected] containing the following: 16 a. The name and title of each participant, including all parties and party representatives with full settlement authority, claims adjusters for insured defendants, and the primary attorney(s) responsible for the litigation; 19 b. An e-mail address for each participant to receive the Zoom video conference invitation; and 21 c. A telephone number where each participant may be reached so that if technical difficulties arise, the Court will be in a position to proceed telephonically instead of by video conference. (If counsel prefers to have all participants of their party on a single conference call, counsel may provide a conference number and appropriate call-in information, including an For more information on what to expect when participating in a Zoom Breakout Room, visit: access code, where all counsel and parties or party representatives for that side may be reached as an alternative to providing individual telephone numbers for each participant.)

3 g. All participants must display the same level of professionalism during the MSC and be prepared to devote their full attention to the MSC as if they were attending in person. Because Zoom may quickly deplete the battery of a participant’s device, each participant should ensure that their device is plugged in or that a charging cable is readily available during the video conference.

8 h. Full Settlement Authority Required: In addition to counsel who will try the case, a party or party representative with full settlement authority4 must be present for the conference. In the case of a corporate entity, an authorized representative of the corporation who is not retained outside counsel must be present and must have discretionary authority to commit the company to pay an amount up to the amount of Plaintiff's prayer (excluding punitive damages prayers). The purpose of this requirement is to have representatives present who can settle the case during the course of the conference without consulting a superior. Counsel for a government entity may be excused from this requirement so long as the government attorney who attends the Mandatory Settlement Conference (1) has primary responsibility for handling the case, and (2) may negotiate settlement offers which the attorney is willing to recommend to the government official having ultimate settlement authority.

19 i. Confidential Settlement Statements Required: No later than August 27, 2024, the parties shall submit directly to Magistrate Judge Major's chambers (via hand delivery or email address) confidential settlement statements no more than ten (10) pages in "Full settlement authority" means that the individuals at the settlement conference must be authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have "unfettered discretion and authority" to change the settlement position of a party. Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference contemplates that the person's view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum certain of authority is not adequate. See Nick |/length. These confidential statements shall not be filed or served on opposing ||counsel. Each party's confidential statement must set forth the party's statement of the case, || identify controlling legal issues, concisely set out issues of liability and damages, and shall set || forth the party's settlement position, including any previous settlement negotiations, mediation || sessions, or mediation efforts, the last offer or demand made by that party, and a separate || statement of the offer or demand the party is prepared to make at the settlement conference.

7 || If a specific demand or offer for settlement cannot be made at the time the brief is submitted, || then the reasons therefore must be stated along with a statement as to when the party will be |/in a position to state a demand or make an offer.

10 General statements that a party will "negotiate in good faith" is not a specific demand or || offer contemplated by this Order. It is assumed that all parties will negotiate in good faith.

12 j. Requests to Continue a Mandatory Settlement Conference: Any || request to continue the Mandatory Settlement Conference or request for relief from any of the || provisions or requirements of this Order must be sought by a written ex parte application.

15 || The application must (1) be supported by a declaration of counsel setting forth the reasons and || justifications for the relief requested, (2) confirm compliance with Civil Local Rule 83.3(h), and 17 report the position of opposing counsel or any unrepresented parties subject to the Order.

18 ||Absent good cause, requests for continuances will not be considered unless ||submitted in writing no fewer than (7) days prior to the scheduled conference.

20 If the case is settled in its entirety before the scheduled date of the ||conference, counsel and any unrepresented parties must still appear in person, 22 unless a written joint notice confirming the complete settlement of the case is filed ||no fewer than twenty-four (24) hours before the scheduled conference.

24 IT IS SO ORDERED.

25 ||Dated: 3/25/2024 lobe Mager 26 Hon. Barbara L. Major United States Maqistrate Judde